New York Car Accident Laws: No-Fault, Serious Injury, and Your Claim

New York is a no-fault (PIP) state under Insurance Law Article 51, meaning your own insurer pays your medical bills and lost wages first regardless of who caused the crash. To sue the at-fault driver for pain and suffering, your injury must meet the verbal "serious injury" threshold in NY Ins. Law 5102(d). Fault is then apportioned under CPLR 1411; a 2026 amendment added a modified comparative negligence rule (CPLR 1411(b)) that bars recovery in a motor-vehicle personal-injury action commenced on or after May 26, 2026 once your share of fault is greater than the other driver's.

Is New York a no-fault or at-fault state?

New York is one of the 12 traditional no-fault states and has operated under Insurance Law Article 51 (the Comprehensive Motor Vehicle Insurance Reparations Act) since 1974. After any crash, a person who qualifies as a "covered person" under the statute first files a claim with their own insurer for what the law calls "basic economic loss." That claim is processed and paid without any determination of who caused the accident. The at-fault driver's identity is legally irrelevant to the PIP payout. New York is a true mandatory no-fault state, not a choice or add-on system; the only states that allow drivers to opt out of no-fault are New Jersey, Pennsylvania, and Kentucky.

The no-fault system does not eliminate the right to sue, but it restricts it. Under Ins. Law 5104(a), an injured person may not bring a tort action against the at-fault driver to recover non-economic loss (pain, suffering, mental anguish, loss of enjoyment of life) unless the injury qualifies as a "serious injury" as defined in Ins. Law 5102(d). Economic losses that exceed the $50,000 PIP cap, such as very large medical bills or extended lost wages, can be recovered in a lawsuit regardless of whether the serious-injury threshold is met. The threshold gates only non-economic (pain and suffering) recovery. New York's no-fault framework is set out in NY Ins. Law 5101 through 5109 and is implemented by the New York State Department of Financial Services.

What qualifies as a serious injury under NY Ins. Law 5102(d)?

The serious-injury threshold is the central gatekeeper of New York car accident litigation. Under Ins. Law 5102(d), a "serious injury" means a personal injury that results in any of the following eight categories: (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function, or system; (7) permanent consequential limitation of use of a body organ or member; or (8) significant limitation of use of a body function or system.

For decades there was a ninth category: a medically determined non-permanent injury that prevented the injured person from performing substantially all of their usual and customary daily activities for at least 90 of the 180 days immediately following the crash, known as the 90/180-day category. Part EE of Chapter 58 of the Laws of 2026 deleted it. The eight-category definition above took effect May 26, 2026 and governs actions and proceedings commenced on or after that date; an action commenced before May 26, 2026 is still governed by the older nine-category definition.

The most commonly litigated categories are numbers 7 and 8, the permanent consequential limitation and significant limitation categories. Courts require objective, quantified medical evidence of limitation. A doctor's conclusory statement that a patient has a "significant limitation" is generally insufficient without measured range-of-motion testing, imaging, and a causal narrative linking the limitation to the crash. With the 90/180-day category gone, an injured person who has no fracture and no lasting deficit has lost the fallback it used to provide, so objective proof of a permanent or significant limitation carries more weight than ever. Meeting the threshold is a threshold issue that can be resolved on summary judgment, and New York courts dismiss a substantial percentage of car accident tort claims on this basis. If your injuries are serious, documenting them promptly and thoroughly with treating physicians is critical.

How fault is shared: New York's negligence rule

New York's comparative-negligence rule for car accident claims changed in 2026. CPLR 1411(a), enacted in 1975, is New York's original pure comparative negligence rule: a plaintiff who is partly at fault can still recover damages, reduced in proportion to their own share of fault, with no cutoff percentage. That pure rule still governs personal-injury, property-damage, and wrongful-death actions that are not motor-vehicle no-fault claims.

A new CPLR 1411(b), added by Part EE of Chapter 58 of the Laws of 2026, carves out a modified comparative negligence rule specifically for personal-injury actions subject to Article 51 of the Insurance Law, New York's no-fault motor vehicle framework. Under 1411(b), a plaintiff is barred from recovery entirely if their fault is greater than the fault of the person they are suing, or greater than the combined fault of multiple defendants. A plaintiff whose fault is 50% or less can still recover, with damages reduced by their percentage of fault. The new rule took effect May 26, 2026 and applies to actions and proceedings commenced on or after that date; actions commenced before May 26, 2026 remain under the older pure comparative rule.

How a verdict is collected depends on CPLR 1601. A defendant found 50% or less at fault is liable for non-economic loss only up to that defendant's own equitable share. A defendant found more than 50% at fault remains jointly and severally liable for non-economic loss as well, so that defendant can be made to pay the whole non-economic award. Joint and several liability for economic damages was preserved when CPLR 1601 was enacted. Comparative fault is a question for the jury, and the jury's allocation is then applied under whichever version of CPLR 1411 governs the action.

The same 2026 act also fixed the order of decision in a case seeking non-economic loss. Ins. Law 5104(a) now provides that no liability for non-economic loss is fixed unless and until the trier of fact has determined that a serious injury exists, and that the trier of fact may not reach the serious-injury question until it has first determined the party or parties at fault. Fault is decided first; the threshold second.

Minimum car insurance in New York

New York requires every motor vehicle registered in the state to be continuously covered with certain minimum liability coverages before it can be lawfully driven. Under NY Vehicle and Traffic Law 311(4)(a) and Ins. Law 3420(f), the minimum liability limits are $25,000 per person / $50,000 per accident for bodily injury (25/50) and $10,000 per accident for property damage (10). New York also imposes higher minimum limits for death claims: $50,000 for the death of one person and $100,000 for the deaths of two or more persons in a single crash (50/100 death). These death-specific limits mean a policy that satisfies the bodily-injury minimums for living victims may still be required to carry higher limits for wrongful-death exposure.

In addition to liability coverage, every New York policy must include mandatory $50,000 PIP coverage (basic economic loss) under Ins. Law 5102(a). Uninsured Motorist (UM) bodily-injury coverage at 25/50 is also mandatory on every policy per Ins. Law 3420(f)(1); unlike UM/UIM in many states, baseline UM cannot be waived or rejected in New York. Supplementary Uninsured/Underinsured Motorist (SUM) coverage, which extends underinsured-motorist protection up to the policyholder's own BI limits, must be offered by the insurer under Ins. Law 3420(f)(2) and can be purchased or declined. SUM coverage is valuable because it allows a seriously injured victim to collect the difference between what the at-fault driver's policy pays and the victim's own SUM limit, up to that SUM limit, when the at-fault driver's insurance is insufficient to compensate the full loss.

How long you have to file: the statute of limitations

The general statute of limitations for personal injury claims, including car accident negligence cases, is 3 years in New York under CPLR 214(5). The clock starts on the date of the accident. Property-damage claims carry the same 3-year limit under CPLR 214(4). Wrongful-death actions have a separate 2-year limitations period under EPTL 5-4.1, measured from the date of death.

Three years is a reasonable window, but waiting too long creates serious practical problems: witnesses forget details, medical records become harder to obtain, vehicles are repaired or scrapped, and the case becomes harder to prove. If your injury meets the serious-injury threshold and you are considering a lawsuit, contacting an attorney well before the 3-year mark allows time for investigation and demand negotiations before any litigation deadline pressure. Also note that claims against New York State, New York City, or other government entities require a notice of claim filed within 90 days of the incident under Court of Claims Act section 10 (for state claims) or General Municipal Law section 50-e (for municipal claims). Missing the notice-of-claim deadline can permanently bar the case against a government defendant even if the 3-year civil-court deadline has not run.

For more on New York's civil limitation rules across case types, see our New York statute of limitations page.

What a New York car accident claim is worth

The value of a New York car accident claim depends heavily on whether your injuries clear the serious-injury threshold of Ins. Law 5102(d), because that threshold determines whether non-economic damages are on the table at all. If your injuries do not meet the threshold, your practical recovery is limited to economic losses above the $50,000 PIP cap, which is relevant mainly in high-cost medical situations. If your injuries do meet the threshold, non-economic damages including pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life become available, and those damages can be substantial in serious cases involving permanent limitations, fractures, or disfigurement.

Economic damages recoverable in a lawsuit include medical expenses exceeding PIP, future medical care, lost earnings above the PIP 80% / $2,000-per-month cap, future loss of earning capacity, and other out-of-pocket costs. Once all damages are totaled, your recovery is reduced by your percentage of fault under CPLR 1411; for motor-vehicle personal-injury actions commenced on or after May 26, 2026, fault greater than the other driver's bars recovery entirely. Available insurance then sets a practical ceiling: a defendant with only the minimum 25/50 limits may not be able to fully compensate a seriously injured plaintiff, making the plaintiff's own SUM coverage a critical safety net. Umbrella policies held by the defendant, if any, can provide additional layers. Punitive damages are available in egregious cases (drunk driving, reckless conduct), but they require a high legal standard and are rare.

A separate 2026 cap can shrink a partly at-fault plaintiff's recovery sharply. Ins. Law 5104(d) limits recovery for non-economic loss to $100,000 in a serious-injury case brought by an injured person who is at fault, is not already barred by CPLR 1411, and who was either (1) operating an uninsured motor vehicle that they were responsible for insuring under Article 6 of the Vehicle and Traffic Law, except where the lapse in coverage lasted less than 30 days, (2) operating a motor vehicle while impaired at the time of the accident and convicted of it, or (3) operating a motor vehicle in the commission of a felony, or in immediate flight from one, and convicted of that felony. The cap does not apply to an action for damages for injuries resulting in death.

Use our New York car accident settlement calculator to model how PIP, the serious-injury threshold, comparative fault, and insurance limits interact for your specific situation.

What to do after a car accident in New York

Taking the right steps immediately after a New York crash protects both your health and your legal rights under the no-fault and tort systems.

Stop and secure the scene. New York law requires you to stop at the scene of any crash involving injury, death, or property damage and to exchange identifying information (NY Veh. & Traf. Law 600). Leaving the scene of a personal-injury crash is a class B misdemeanor where the violation consists solely of failing to exhibit your license or insurance identification card or to exchange the required information, and a class A misdemeanor otherwise. It rises to a class E felony if you have a prior conviction for the same violation or the crash caused serious physical injury, and to a class D felony if it caused death (VTL 600(2)(c)). If anyone is injured, call 911 and do not move injured persons unless there is an immediate danger.

Report the crash. Under NY Veh. & Traf. Law 605, you must report a crash resulting in injury, death, or property damage exceeding $1,000 to the DMV within 10 days using the MV-104 form. A police report filed at the scene satisfies the report requirement if the officer provides you with a copy. Keep your copy; it is essential for insurance claims and litigation.

Get medical care promptly. New York no-fault sets no deadline for starting treatment; the 30-day clock in the mandatory PIP endorsement is a deadline for written notice to your insurer, not for treatment (see below). Prompt medical evaluation still matters, because it creates a contemporaneous record of your injuries, which is critical for proving the serious-injury threshold if your case later proceeds to litigation. Gap in treatment is one of the most common reasons courts grant summary judgment against plaintiffs on the threshold issue.

Document everything at the scene. Photograph all vehicles, injuries, road conditions, traffic controls, and skid marks. Get the names, addresses, phone numbers, and insurance information of all drivers and witnesses. If there is a dashcam in your vehicle or the other vehicle, preserve that footage immediately, as it may be overwritten within hours.

Notify your own insurer and file a PIP claim promptly. Written notice of the accident must reach your insurer as soon as reasonably practicable and in no event more than 30 days after the date of the accident, unless you submit written proof giving a clear and reasonable justification for being late (11 NYCRR 65-1.1). Written proof of claim for health service expenses is due no later than 45 days after the services are rendered, and proof of claim for work loss and other necessary expenses no later than 90 days after the loss is incurred. Missed PIP deadlines can forfeit benefits. Your insurer will assign a no-fault claim number and begin processing bills and lost-wage claims.

Do not give a recorded statement to the other driver's insurer without consulting an attorney first. Adjusters for the opposing carrier are trained to elicit statements that reduce or eliminate claims. New York's no-fault and serious-injury rules are complex, and even an offhand comment about your activities can be used to argue that your limitation is not permanent or significant enough to clear the threshold. If your injury may meet the serious-injury threshold, ask a New York injury lawyer for a free claim review of any settlement offer from the other driver's insurer (attorney advertising).

This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in New York.

Related pages:

• New York Car Accident Settlement Calculator
• New York Hit-and-Run Laws
• Car Accident Laws by State: Hub
• New York Statute of Limitations

More New York Laws

• New York Dashcam Laws
• New York Hit and Run Laws
• New York Slip and Fall Laws
• New York Statute of Limitations
• New York Workers Compensation Laws

Frequently Asked Questions

Is New York a no-fault state?

Yes. New York is a true no-fault (PIP) state under Insurance Law Article 51. After a crash, your own insurer pays your medical bills and a portion of your lost wages first through mandatory $50,000 PIP coverage, without regard to who caused the accident. You can still sue the at-fault driver for economic losses above $50,000 and, if your injuries meet the verbal serious-injury threshold in Ins. Law 5102(d), for pain and suffering as well.

Is New York an at-fault state?

No. New York is a no-fault state, not an at-fault (tort) state. Unlike at-fault states where you first claim against the at-fault driver's insurer, New York requires your own PIP to pay first. However, the at-fault driver can still be sued for economic losses above the PIP cap and for non-economic damages if the serious-injury threshold is met. Fault still matters for lawsuits and for comparative negligence reduction of damages.

What is the serious injury threshold in New York?

The serious-injury threshold in NY Ins. Law 5102(d) is the standard you must meet to sue for pain and suffering. It now lists eight categories: death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; and significant limitation of use of a body function or system. A ninth category, the 90/180-day non-permanent disability, was deleted by Part EE of Chapter 58 of the Laws of 2026 for actions commenced on or after May 26, 2026. Fractures and permanent or significant limitations are the most commonly litigated categories.

What is the statute of limitations for a car accident in New York?

New York gives you 3 years from the date of the accident to file a personal-injury lawsuit (CPLR 214(5)). Property-damage claims also have a 3-year window (CPLR 214(4)). Wrongful-death claims have a separate 2-year period under EPTL 5-4.1. Claims against government entities require a notice of claim within 90 days of the incident under GML 50-e or Court of Claims Act section 10, which runs independently and may expire long before the civil-court deadline.

Can I still recover if I was partly at fault in New York?

It depends on when your lawsuit is commenced. A 2026 amendment added CPLR 1411(b), which applies a modified comparative negligence rule to motor-vehicle personal-injury actions commenced on or after May 26, 2026: you can recover only if your share of fault does not exceed the other driver's, and you are barred entirely if your fault is greater. Actions commenced before May 26, 2026 remain under New York's older pure comparative negligence rule (CPLR 1411(a)), under which your recovery is reduced by your share of fault but is never completely barred, even at a high percentage of fault.

What are the minimum car insurance requirements in New York?

New York requires minimum liability of 25/50/10 ($25,000 bodily injury per person / $50,000 per accident / $10,000 property damage) plus higher 50/100 death limits. Mandatory $50,000 PIP (no-fault) coverage is also required. Uninsured Motorist coverage at 25/50 is mandatory and cannot be waived. Supplementary Uninsured/Underinsured Motorist (SUM) coverage must be offered by the insurer and can be added up to the policy's BI limits.

How much is my New York car accident claim worth?

If your injuries do not meet the serious-injury threshold, practical recovery is limited to economic losses above the $50,000 PIP cap. If your injuries do meet the threshold, non-economic damages including pain and suffering become available and can be significant in permanent-injury cases. Your total damages are then reduced by your share of comparative fault under CPLR 1411; for motor-vehicle actions commenced on or after May 26, 2026, fault greater than the other driver's bars recovery entirely. Ins. Law 5104(d), added in 2026, also caps non-economic loss at $100,000, except in death cases, for an at-fault injured person who was driving uninsured, driving while impaired and convicted of it, or driving in the commission of a felony and convicted of it. Available insurance limits also cap practical recovery, making your own SUM coverage important when the at-fault driver is underinsured. Use our New York car accident settlement calculator to model your situation.